General terms and conditions
1. General
These General Terms and Conditions apply to every offer, quotation, or agreement between GMTO and a Buyer.
If one or more provisions of these General Terms and Conditions are declared void or annulled at any time, either in whole or in part, the remaining provisions of these General Terms and Conditions shall remain fully applicable. GMTO and the Buyer will consult to agree on new provisions to replace the void or annulled ones, ensuring the purpose and intent of the original provisions are preserved as much as possible.
If there is any uncertainty regarding the interpretation of one or more provisions of these General Terms and Conditions, the interpretation should be made 'in the spirit' of these provisions. Similarly, if a situation arises between the parties that is not covered by these General Terms and Conditions, the situation will be assessed in the spirit of these General Terms and Conditions.
If GMTO does not always strictly enforce these General Terms and Conditions, this does not imply that the provisions do not apply or that GMTO would lose its right to demand strict compliance with these provisions in other instances.
2. Quotations and Offers Regarding the Purchase of Products and Services
All quotations and offers from GMTO are non-binding. A quotation or offer becomes void if the products and/or services to which the quotation or offer pertains are no longer available in the interim.
GMTO cannot be held to its quotations or offers if the Buyer could reasonably understand that the quotation or offer, or part thereof, contains an obvious mistake or clerical error.
The prices stated in a quotation or offer are exclusive of VAT and other government-imposed levies, as well as any costs incurred in the context of the agreement, including shipping and administrative costs, unless otherwise stated.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, GMTO is not bound by it. In that case, the agreement does not come into effect according to this deviating acceptance unless GMTO indicates otherwise.
Quotations are valid for a maximum of 21 days unless otherwise stated in the quotation.
3. Delivery
After the agreement regarding the products is established, the product will be delivered to the Buyer. Delivery takes place at GMTO's premises unless otherwise agreed. The Buyer is obliged to take possession of the goods at the time they are made available to them. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, GMTO is entitled to act at its discretion at the Buyer's expense and risk.
Delivery times are approximate and not binding. Exceeding the delivery period does not entitle the Buyer to cancel the agreement or claim compensation.
If the parties agree that GMTO will arrange for the transport and delivery of products and/or services to a specified location, both the transport costs and the risk during transport are borne by the Buyer.
4. Payment and Collection
Payment must be made within 30 days of the invoice date. The Buyer is not entitled to offset any claim against GMTO with the amounts invoiced by GMTO.
GMTO reserves the right to invoice partial deliveries of goods yet to be delivered or already delivered.
If the Buyer fails to pay an invoice on time, the Buyer is legally in default, and GMTO has the right to charge the statutory interest on a monthly basis on the unpaid portion of the invoice. Interest on the outstanding amount will be calculated from the moment the Buyer is in default until the moment of full payment.
GMTO is entitled to allocate payments made by the Buyer first to cover costs, then to reduce accrued interest, and finally to reduce the principal amount and ongoing interest.
GMTO may refuse a payment offer without being in default if the Buyer designates a different allocation of payment. GMTO may also refuse full settlement of the principal amount if the accrued and ongoing interest and collection costs are not included in the payment.
The Buyer is never entitled to offset amounts owed to GMTO.
Objections to the amount of an invoice do not suspend the payment obligation. The Buyer, who is not entitled to invoke Section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code), is not entitled to suspend payment of an invoice for any other reason either.
If the Buyer defaults or is otherwise in breach of their obligations, all reasonable costs incurred to collect the outstanding amounts out of court will be borne by the Buyer. These out-of-court costs will be calculated in accordance with customary practice in the Netherlands.
If GMTO has, however, incurred higher collection costs that were reasonably necessary, the actual costs incurred will also qualify for reimbursement. Any judicial and execution costs incurred will also be recovered from the Buyer. The Buyer will also owe interest on the collection costs due.
5. Warranty and Liability
The products delivered by GMTO meet the usual requirements and standards that can reasonably be expected at the time of delivery and for which they are intended under normal use within the European Union.
GMTO guarantees that the hardware delivered is free from design, material, and manufacturing defects for a period of 12 months after delivery.
Warranty for delivered products extends no further than repairing the delivered hardware or supplying new components free of charge (direct damage). This is at GMTO's sole discretion.
Consequential or indirect damage cannot be claimed from GMTO. GMTO's liability never extends to consequential or indirect damages.
If the warranty mentioned in paragraph 2 applies and the item shows a defect, GMTO will repair or replace the item within 30 days after the Buyer has reported the defect in writing.
Products sent to GMTO for warranty assessment must be delivered carriage paid and at the Buyer's risk. Return shipment of these products must be arranged in consultation with GMTO and be properly packaged.
The warranty is void if the Buyer causes the damage due to improper handling of a product.
The Buyer must demonstrate that the item shows a defect within the warranty period covered by this warranty.
Any warranty claim is void if the Buyer or third parties perform repairs or work on the delivered goods without GMTO's prior written consent.
After the warranty period has expired, all costs for repair or replacement, including administration and shipping costs, will be charged to the Buyer unless otherwise agreed.
GMTO is not liable for damages if the Buyer has insured or could have reasonably insured themselves against the damage in question.
6. Processing of Personal Data by GMTO
For the purpose of its services, GMTO may process personal data of participants. GMTO will use the personal data of natural persons stored by GMTO solely for the execution of the subscription, assignment, or agreement or any related purpose within 36 months after the termination of said product or service.
All use of the personal data provided by the Buyer will comply with applicable laws and regulations, including the General Data Protection Regulation (GDPR), effective as of May 25, 2018.
GMTO is never responsible or liable for the accuracy of the personal data provided by the Buyer to GMTO or made available, entered, or stored by GMTO, nor for how the Buyer has arranged access to the aforementioned personal data.
The Buyer indemnifies GMTO against all claims, including those from third parties, regarding the use of personal data as provided by or on behalf of the Buyer stored in the applications made available by GMTO or on its behalf.
